BC v GR

Tenant wins · 2022-01-12

Adjudicator

Peter Nicholson

Dispute

Undue Damage, Substantial Interference

Notice

Form N5

Landlord

B.

Tenant

G.

Tenant rep

C. L

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to Tenant's alleged wilful or negligent damage to the rental unit and substantial interference with another tenant's or the Landlord's reasonable enjoyment of the residential complex.

The ruling

The Landlord's application for eviction and damages was dismissed. The Landlord's Form N5 notice was found to be defective, and the evidence did not establish 'undue damage' beyond normal wear and tear.